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s 928.1. Definitions.
The following definitions shall apply in San Mateo County:
(a) "Haul Route" means all routes to be used for removing forest products from the plan area to the mill or county line.
(b) "Encroachment" means any point at which logging trucks enter onto or exit from a public road, whether the encroachment is newly constructed or not.

Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.






s 928.2. Contents of Plan.
In addition to 14 CAC 1034, the following shall apply:
(a) The estimated number of logging truck loads to be removed and the approximate number of daily trips.
(b) In addition to 14 CAC 1034(x), the following information shall be clearly provided on the map:
(1) The location of scenic roads as designated by the County General Plan or in any other document officially adopted by the county.
(2) Location of all structures (including mobile homes or trailers) currently maintained for human habitation within 200 feet as measured along the surface of the ground from the boundary of the plan area.
(3) Location of existing and proposed firebreaks.
(c) On timber operations requiring submission of a plan, all routes and encroachments onto county roads to be used for removing forest products from the plan area to the mill or county line shall be shown on a road map submitted with the plan. The Director shall consult with the County Transportation Agency before giving approval.

Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.






s 928.3. Flagging.
(a) In addition to 14 CAC 914.2, the following shall apply in San Mateo County:
Prior to submittal of a plan, the approximate location of proposed constructed tractor roads on slopes over 50% shall be intervisibly flagged on the ground.
(b) In addition to other flagging requirements in subchapter 3 of Title 14 CAC, the Director, where necessary to protect adjoining properties, shall require flagging of approximate property lines on the site where any truck road, tractor road or harvest area is proposed within 100 feet of a property line, unless explained and justified in the plan and approved by the Director.

Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.






s 928.4. Performance Bonding.
When hauling logs pursuant to a THP, the LTO shall provide for the repair of any damage to a county road that is willfully or negligently caused by the LTO's log hauling operations, and shall provide for the repair of any damage caused by the LTO's log hauling operations to appurtenant structures including, but not limited to, guard rails, signs, traffic signals, culverts, curbs and similar facilities. If necessary to ensure compliance with this section, the county may request, and the Department, upon such request, may require the timber operator or responsible party to post adequate financial security to restore paved or unpaved county roads and appurtenant structures which are damaged by log hauling operations. The request for posting of financial security shall be made to the Department during the THP review procedure and no later than five days before the Director's decision date. The timber operator or responsible party shall post a certificate of deposit, certificate of insurance or performance bond, or other financial security in favor of the Department in a reasonable amount set by the Director, not to exceed $5,000 per mile of county road used or $50,000, whichever is less and subject to provisions of division 3, part I, chapter 1, article 8, section 11110 through 11113 of the Government Code. Such cash deposit or other acceptable financial security shall cover a period not to exceed the effective period of the plan.
When a form of financial security is required, logging trucks shall not use the county roads until the required security is posted with the Department. The Director shall release the bond or equivalent to the principal of the security upon completion of log hauling operations and compliance with the requirements of this section. If and when repairs are necessary, the Director shall request the operator to provide for making the repairs. If the repairs are not made the Department may take corrective action and may order the bond, or equivalent, forfeited in an amount not to exceed actual damage. When a bond or equivalent has been posted, the Department shall provide the county with a copy of the Work Completion Report. The county shall advise the Department in writing within 30 days of its receipt of notification of completion of hauling operations or the Work Completion Report if damage has occurred repairs need to be made. If the county fails to notify the Director within 30 days, the bond or surety shall be released.

Note: Authority cited: Sections 4551 and 4553, Public Resources Code. Reference: Sections 4551 and 4553, Public Resources Code.






s 928.5. Hours of Work.
Within 300 feet of any occupied dwelling, the operation of power equipment, including chain saws, except licensed highway vehicles, shall be restricted to the hours between 7:00 a.m. and 7:00 p.m., and shall be prohibited on Saturdays, Sundays and nationally designated legal holidays. Where, because of unusual ground conditions or very close proximity of occupied dwellings or special circumstances related thereto, the Director determines that a need exists for further restrictions, he/she may increase the distance and may limit the hours to not less than 8:00 a.m. to 5:00 p.m. An exception to this rule may be granted by the Director where he/she has found that no disturbance will result to the occupants of the dwelling from the use of such equipment.

Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.






s 928.6. Log Hauling.
(a) Log hauling on public roads is not permitted on Saturdays, Sundays, or on those days which are nationally designated legal holidays.
(b) Log hauling on public roads may be restricted or not permitted by the Director during commute hours or during school busing hours in order to prevent a serious hazard to traffic flow and safety or to prevent hazardous conditions that would endanger public safety.
(c) During log hauling on public roads, the timber operator may be required by the Director to post special traffic signs and/or flagpersons where determined to be necessary to prevent a hazard to traffic.
(d) Where road width will not permit passage of a logging truck and another oncoming vehicle, and adequate turnouts are not present, the Director may require the use of pilot cars equipped with warning signs and flashing lights to guide logging trucks on public roads.

Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.






s 928.7. Cutting Practices.
(a) Prior to submission of the plan to the Director, all timber proposed for harvest shall be clearly marked with paint at points approximately 4-1/2 feet above the ground and at ground level, except where the Director believes that a sample marking of 20% of the area up to a maximum of five acres would be adequate for plan evaluation.
(b) Where a sample marking has been used, the balance of the timber to be cut, except for hardwoods, shall be marked under the direct supervision of the Forester (RPF) who prepared the plan prior to the time of cutting.
(c) Up to 10% of the trees that are proposed for cutting may be substituted one for one with those proposed to be left uncut provided that the leave tree proportion, size class, distribution and general forest appearance of the residual stand as approved in the preliminary field work is preserved.
Justification for the substitution standard shall be based on unavoidable tree damage, safety factors, lean of trees, location of obstructions or roads or openings insufficient to accommodate felled trees.

Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.






s 928.8. Erosion Control Maintenance.

Note: Authority cited: Section 4516.5, Public Resources Code. Reference: Section 4516.5, Public Resources Code.






s 929. Statement of Purpose.
The purpose of this article is to:
(a) ensure that the significant archaeological and historical sites within the site survey area are adequately identified and protected,
(b) to provide direction to RPFs preparing THPs (which includes all forms of THPs including, but not limited to, Modified THPs and Nonindustrial Timber Management Plans (NTMPs), Program Timber Harvesting Plans (PTHPs)), Notice of Emergency Timber Operations (Emergency Notices), and any Exemption Notices pursuant to 14CCR Sections 1038 and 1104.1,
(c) provide direction to the timber operator conducting timber operations,
(d) provide direction to the Department of Forestry and Fire Protection in its review, approval and inspection programs.

Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002, 21060.5, 21083.2 and 21084.1, Public Resources Code.






s 929.1. Plan, and Emergency Notice Preparation.
(a) Preparing a plan.
Prior to submitting a plan, the RPF, or the RPF's supervised designee:
(1) Shall conduct an archaeological records check at the appropriate Information Center. A previously-conducted archaeological records check for the property may be used to satisfy this requirement if it covers the entire area proposed for timber operations and if it meets the definition of "current archaeological records check" in 14 CCR s 895.1.
(2) Shall provide written notification to Native Americans of the preparation of a plan. The primary purpose for this notification is to provide Native Americans an opportunity to disclose the existence of any Native American archaeological or cultural sites that are potentially within or adjacent to the site survey area, and the opportunity to comment on the plan. The RPF shall allow a minimum of 10 days for response to this notice before submitting the plan to the Director. The remainder of the 10-day waiting period is waived when all Native Americans required to be informed respond in less than 10 days. This notice shall contain the following attachments or items of information:
(A) A request for information concerning the potential existence of any Native American archaeological or cultural sites within the plan boundaries.
(B) Information concerning the location of the plan including:
1. A general location map that, at a minimum, shows the travel route from the nearest community or well-known landmark to the plan area.
2. A copied segment of the titled USGS (if available) or equivalent map(s) that displays the approximate boundary of the plan area, and includes a map legend and a scale.
3. A description of the plan location including the county, section, township, range, base and meridian, and the approximate direction and distance from the nearest community or well-known landmark.
(C) A statement that all replies, comments, questions, or other information submitted by Native Americans as a result of this notice be directed to the RPF. The name, address, and phone number of the RPF shall be provided.
(D) Information concerning the available time for response. Indicate that the RPF is requesting a response within ten days from the date of the notice so the information can be incorporated into the plan when initially submitted to the Director. Provide the estimated date the plan will be submitted to Director. Provide the following statement: "The earliest possible date the Director may approve the plan is 16 calendar days after it is submitted to Director, although typically, the plan is reviewed for at least 45 calendar days following plan submittal before the Director approves the plan."
(E) A statement that the Native American groups may participate in the plan review process by submitting written comments to the Director before close of public comment period.
(F) A statement that locations of sites disclosed will be kept confidential.
(G) A statement that a Confidential Archaeological Addendum (CAA) will be prepared for the plan and a copy of pertinent information contained within the CAA may, at the discretion of the Director, be obtained from the Director.
(3) Shall provide a professional archaeologist or a person with archaeological training (in accordance with 14 CCR s 929.4), to conduct a field survey for archaeological and historical sites within the site survey area. Previous archaeological surveys within the site survey area may also be used to partially or entirely satisfy this requirement.
(4) Shall ensure that research is conducted prior to the field survey, including review of appropriate literature and contacting knowledgeable individual, concerning potential archaeological or historical sites occurring on the property.
(b) Provide Notification to Native Americans if a Native American Archaeological or Cultural Site is located within the plan. On a plan that contains a Native American archaeological or cultural site as defined in 14 CCR s 895.1 the RPF or the RPF's supervised designee shall:
(1) provide a written notice to Native Americans informing them of the presence of Native American cultural resources within the site survey area. This notification shall include:
(A) The RPF's name, address, and telephone number.
(B) The name, number, or other designator of the plan.
(C) A list of all known Native American archaeological or cultural sites located within the site survey area, including a name, number or other designator and brief description of each site.
(D) A brief discussion of how each site shall be protected or avoided.
(E) The address and phone number of the appropriate CDF office to contact as well as a statement that written comments may be submitted to Director for consideration prior to the close of public comment.
(F) The estimated earliest date the Director may approve the plan.
(2) submit a copy of all letters sent pursuant to 14 CCR s 929.1(b)(1) to the Director. The Director shall allow a minimum of 15 days from the date of the notification letter for receipt of responses to notices sent pursuant to 14 CCR s 929.1(b)(1) prior to the close of public comment.
(c) Submitting a Confidential Archaeological Addendum for a plan.
The RPF shall include the following information in a Confidential Archaeological Addendum with the proposed plan:
(1) Administrative Information which is not confidential and may be released to the public. This includes:
(A) The name, affiliation, address, and phone number of the archaeological surveyor.
(B) The name, affiliation, address, and phone number of the RPF, if different than the archaeological surveyor.
(C) The plan name ascribed by the RPF, plan number (if known), type, and approximate acreage.
(D) The county, legal description, and name of USGS 7.5'Quad(s) within which the project is located.
(E) The date the CAA was completed.
(F) The name of the author of the CAA.
(G) The signature of the RPF or archaeological surveyor.
(2) Archaeological Records Check Information. A copy of the records check and written reply (including mapped information) from the Information Center shall be attached, or a justification as to why that is not possible shall be included.
(A) If the records check request and written reply from the Information Center are attached, no additional information is required.
(B) If the records check request and written reply from the Information Center are not attached, the following information shall be included:
(1) Justification why records check request and written reply could not be attached.
(2) The date the records check was conducted at the Information Center.
(3) The Information Center File Number.
(4) Summary of records check results discussing whether or not archaeological or historical sites are known or suspected to exist within the site survey area and whether or not the site survey area has a previous archaeological investigation on record.
(3) Results of notification to Native Americans pursuant to 14 CCR s 929.1(a)(2)(B). This shall include:
(A) An example of a notification letter and project maps submitted to Native American contacts.
(B) Copies of any written responses received from Native American contacts.
(C) A list of the individuals or groups that were provided written notification and the date of the Native American Contact List being used.
(D) Date the notification was sent.
(E) Results of the information request, specifically addressing the results of information received from the NAHC, if those results have been received.
(4) Results of notification to Native Americans of the existence of a Native American archaeological or cultural site on the plan, if required, pursuant to 14 CCR s 929.1(b).
(5) A list of the research done prior to field survey. This list shall include literature reviewed and persons contacted in addition to the required archaeological records check with Information Center and Native Americans, and a summary of the results of this research.
(6) Information on the current or previous archaeological surveyor(s), which is not confidential. This shall include:
(A) the name of the current archaeological surveyors and an indication of whether or not the person either meets the specifications of a professional archaeologist as defined in 14 CCR s 895.1 or meets the requirements specified in 14 CCR s 929.4.
(B) the name of any previous archaeological surveyors, if known.
(7) Description of archaeological survey methods and procedures including survey strategy, time spent conducting archaeological field survey, the date or dates the survey was conducted, survey coverage intensity, and ground visibility or other limitations.
(8) A list and description of all archaeological or historical sites identified within the site survey area including information on the site(s) size, type, and condition. The designations used in this listing of sites found shall be consistently used throughout the CAA.
(9) An Archaeological Coverage Map or maps prepared in accordance with the specifications identified in the definition of an Archaeological Coverage Map in 14 CCR s 895.1.
(10) A preliminary determination of significance of identified archaeological and historical sites, if damaging effects from timber operations cannot be avoided. This determination shall be based upon the criteria for a significant archaeological or historical site listed in 14 CCR s 895.1.
(11) Description of any specific enforceable protection measures to be implemented both within the site boundaries and within 100 feet of the site boundaries.
(12) Information concerning the proposed on-site meeting between the RPF or supervised designee familiar with on-site conditions and the LTO to discuss protection of archaeological and historical resources, if required, pursuant to 14 CCR s 929.2(b).
(13) Information concerning site recording requirements pursuant to 14 CCR s 929.1(d) and (g).
(14) Other applicable information, if any, concerning the archaeological survey for this project.
(15) List of attachments to the CAA.
(d) Site Records.
Upon submission of a plan, the RPF or the RPF's supervised designee shall submit completed site records for each site proposed to be a significant archaeological or historical site in a manner consistent with the recording standards identified in the State Office of Historical Preservation's "Instructions For Recording Historical Resources" March, 1995, which is incorporated by reference.
(e) Emergency Notice of 3 Acres Or More.
(1) Prior to submitting an Emergency Notice of three acres or more, the RPF:
(A) Shall ensure that an archaeological field survey is, or has been previously conducted by a professional archaeologist or person with archaeological training (pursuant to 14 CCR s 929.4) within the site survey area.
(2) Prior to submitting an Emergency Notice of three acres or more, the RPF or the RPF's supervised designee:
(A) Shall complete a current archaeological records check. This check may be conducted by telephone. If the Information Center is unable to provide the information within three business days following receipt of an RPF's request for an Emergency Notice records check, the records check requirement is waived.
(B) Shall submit a Confidential Archaeological Letter that includes the information required by 14 CCR s 929.1(c)(2), (7), (8), (9), (10) and (11), including site records, if required pursuant to 14 CCR s 929.1(g) and 929.5.
(C) Shall send a copy of the Emergency Notice to Native Americans.
(f) Emergency Notice of Less Than 3 Acres.
(1) Prior to submitting an Emergency Notice of less than three acres, the RPF or the RPF's supervised designee shall:
(A) Conduct an archaeological survey for said area to determine whether it contains any significant archaeological sites using the criteria for a significant archaeological or historical site defined in 14 CCR s 895.1.
(B) Send a copy of the Notice to Native Americans.
(2) An archaeological records check, Confidential Archaeological Addendum, or Confidential Archaeological Letter, is not required.
(3) No timber operations shall occur within the boundaries of any significant archaeological or historical sites as determined by the RPF or the RPF's supervised designee.
(g) Submitting Archaeological and Historical Information to Information Centers.
Within 30 days following the Director's approval of a plan or acceptance of an Emergency Notice of three acres or larger, the Director shall send to the appropriate Information Center of the California Historical Resource Information System the following information provided by the RPF:
(1) a complete Confidential Archaeological Addendum which includes all changes and additions required in the plan review process and which identifies the plan number, or, for Emergency Notices of three acres or larger, a Confidential Archaeological Letter.
(2) two copies each of any completed archaeological or historical site records for:
(A) archaeological sites determined to be significant, or
(B) sites that a person elects to record, but for which no determination of significance has been made.
The records shall be completed by a person who satisfies the requirements specified in 14 CCR s 929.4 in a manner consistent with the recording standards identified in the State Office of Historic Preservation's "Instructions For Recording Historical Resources" March, 1995, which is incorporated by reference.
(3) The RPF or supervised designee shall ensure that the site records are completed in the manner specified in subsection (2).

Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code.






s 929.2. Protection Measures for Plans and Emergency Notices 3 Acres and Larger.
(a)(1) The RPF shall describe in the separate Confidential Archaeological Addendum or Letter, measures to be taken to mitigate or avoid substantial adverse change to any known significant archaeological or historical sites.
(2) The RPF may propose, and the Director may agree to, site specific protection measures for any identified archaeological or historical site without evaluating the significance of the site. These proposed protection measures shall be designed to ensure protection of such archaeological and historical sites from damaging effects. Avoidance of activities which will cause damaging effects is a preferred protection measure.
(b) The RPF or supervised designee familiar with on-site conditions shall meet with the LTO prior to the start of timber operations at each archaeological or historical site that is described in the plan or notice that requires avoidance or other protection measures and do the following:
(1) show the LTO the location, extent and boundaries of each archaeological or historical site requiring protection,
(2) discuss with the LTO the protection measures,
(3) apprise the LTO of the confidentiality requirements for any information concerning the physical location of archaeological or historical sites.
(c) If the RPF or supervised designee is unable to perform the duties in 14 CCR s 929.2(b), the RPF shall:
(1) explain the reasons in the emergency notice, plan, or as a minor amendment to the plan,
(2)(A) meet with the plan submitter, timberland owner, or their authorized agent, and review in the field, the items described in 14 CCR s 929.2(b),
(B) if the plan submitter, timberland owner, or their authorized agent will not comply with the RPF's or RPF's supervised designee's request for a meeting, the RPF shall notify the Director.
(3) except for an emergency notice, notify the plan submitter in writing that it is the plan submitter's responsibility to transfer the information in 14 CCR s 929.2(b) to the LTO per 1035(h),
(4) notify the Director in writing.
(d) The LTO shall not conduct timber operations within the boundaries of any archaeological or historical site identified in the CAA unless such operations are described in the CAA and made part of the plan approved by the Director.
(e) In the event that the CAA authorizes limited timber operations within the boundaries of archaeological or historical sites identified in the plan, the LTO and the RPF, if so stated in the plan, shall be responsible for ensuring that specific protection measures and timber operations are conducted in the manner described in the CAA.

Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21001, 21060.5, 21083.2 and 21084.1, Public Resources Code.






s 929.3. Post Review Site Discovery.
If a person discovers a potentially significant archaeological or historical site after a plan, Emergency Notice, or Exemption is accepted by the Director, the following procedures apply:
(a) The person who made the discovery shall immediately notify the Director, LTO, RPF, or timberland owner of record.
(b) The person first notified in (a) shall immediately notify the remaining parties in (a).
(c) No timber operations shall occur within 100 feet of the identified boundaries of the new site until the plan submitter proposes, and the Director agrees to, protection measures pursuant to 14 CCR s 929.2.
(d) A minor deviation shall be filed to the plan. The minimum information provided shall include:
(1) A statement that the information is confidential.
(2) The mapped location of the site.
(3) A description of the site.
(4) Protection measures, and
(5) Site records, if site records are required pursuant to 14 CCR ss 929.1(g)(2)(b) and 929.5.
(e) Upon receipt, the Director shall immediately provide the proposed minor deviation or portions of the minor deviation, to Native Americans when Native American archaeological or cultural sites are involved.

Note: Authority cited: Sections 4551, 4551.5, 4583.2 and 4591.1, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code.






s 929.4. Archaeological Training Requirements.
To meet the requirement of 14 CCR s 929.1, archaeological surveys of a plan or Emergency Notice areas for archaeological or historical sites shall be conducted only by a professional archaeologist or a person who has attended a training program approved by the Director within five years prior to submission of the plan or Emergency Notice. The training program must meet the following standards:
(a) The course shall use education materials approved by the Director which address the current regulations and procedures for the identification, recordation, and protection of archaeological and historical resources during timber operations.
(b) The course may require that the applicant demonstrate, in the field, and in a final written examination, the ability to conduct a record search, perform field identification, complete an archaeological site record, and to identify appropriate mitigation and protection measures for archaeological or historical sites covered in the course.
(c) The Director shall issue verification to all students that satisfactorily complete the training course.
(d) Following an individual's successful completion of an archaeological training course approved by the Director, he or she may enroll in a refresher training course, approved by the Director, to renew a 5-year archaeological training certification.
(e) The Director may conduct the archaeological training courses (in addition to or in-lieu of approving programs conducted by others) at least annually.

Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code.






s 929.5. Site Recording.
The Director shall ensure that all archaeological or historical sites determined to be significant and located within the site survey area on plans, or Emergency Notices are recorded by the RPF or supervised designee in a manner consistent with the recording standards identified in the State Office of Historic Preservation's "Instructions For Recording Historical Resources" March, 1995, which is incorporated by reference. The recording may also be done by a professional archaeologist or any person who has successfully completed appropriate training which is afforded or approved by the Director.

Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code.






s 929.6. Protection of Sites During Timber Operations.
No person, except as otherwise permitted by law, who is involved in timber operations shall excavate, collect artifacts from, vandalize or loot archaeological or historical sites located within the THP, Emergency Notice or Exemption boundary.

Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code.






s 929.7. Determination of Significance.
(a) A determination of significance shall be made for an identified archaeological or historical site within the site survey area on a THP, or Emergency Notice by a person who satifies the requirements specified in 14 CCR 929.4 if damaging effects from timber operations cannot be avoided.
(b) The determination of significance shall:
(1) Be based upon criteria defined for significant archaeological or historical sites in 14 CCR 895.1
(2) Utilize any information provided by Native Americans, archaeological, historical or ethnographic data pertinent to the region and to the cultural resource, and the physical characteristics of the archaeological or historical site.
(c) If required by subsection (a), a preliminary determination of significance shall be made by the RPF or the RPF's supervised designee and provided in the Confidential Archaeological Addendum.
(d) Where the Director determines that timber operations may cause a substantial adverse change to a significant archaeological or historical site and the RPF and the Director cannot agree upon protection measures, a professional archaeologist provided by the THP submitter shall make a survey and prepare a report on the potentially affected site or sites and the potential impacts of the proposed timber operations. The part of the report that relates to archaeological sites is confidential. This report, if it discusses impacts on Native American archaeological sites, shall be provided by the Director to Native American and the NAHC. This report shall contain recommendations for mitigation, the elimination of impacts, or for the reduction of impacts to avoid or prevent substantial adverse change to significant archaeological or historical resources. The report shall meet the standards of the Preservation Planning Bulletin, Number 4, December 1989 (Office of Historic Preservation), entitled Archaeological Resource Management Reports (ARMR): Recommended Contents and Format. The Director shall make the final determination of significance and substantial adverse change based on advice of a professional archaeologist.

Note: Authority cited: Sections 4551 and 4551.5, Public Resources Code. Reference: Sections 4582(f), 21002 and 21060.5, Public Resources Code.






s 931. Statement of Purpose.
The purpose of these rules is to establish district forest practice rules and to establish standards in accordance with the policies set forth in Articles 1 and 4 of the Z'berg-Nejedly Forest Practice Act of 1973 (Sections 4511-4517 and 4551-4555 incl. of the Public Resources Code). Rules promulgated herein apply only to timberlands.

Note: Authority cited: Sections 740, 4531 and 4551, Public Resources Code. Reference: Sections 4512, 4513, 4531 and 4551.5, Public Resources Code.






s 932. Definitions of Terms.

Note: Authority cited: (Sections 932-932.7, not consecutive); Sections 4551, 4553, 4561.5, 4561.6, 4562 and 4562.5, Public Resources Code. Reference: Sections 4551.5, 4561, 4561.6, 4562 and 4562.7, Public Resources Code.






s 932.5. Procedure for Estimating Surface Soil Erosion Hazard Rating.
A proposed plan shall show the estimated erosion hazard ratings of the plan area, by areas, down to 20 acres (8.1 ha) if such a breakdown will change the estimated erosion hazard of the individual areas.
To estimate the erosion hazard rating of any plan or portion thereof, the RPF or supervised designee shall follow the procedures and requirements contained in Board Technical Rule Addendum #1, dated February 1, 1990. Appropriate weights for the factors in the Estimated Surface Soil Erosion Hazard, Form I, in the Addendum shall be calculated and the factors shall be summed to give the rating. A copy of the calculations from Form I shall be attached to the timber harvesting plan. A copy of the Board Technical Rule Addendum #1 can be obtained from the State Board of Forestry at the Resources Building, 1416 9th Street, Room 1506-14, Sacramento, CA 95814.

Note: Authority cited: Sections 4551 and 4562.5, Public Resources Code. Reference: Section 4562.5, Public Resources Code.






s 932.7. Resource Conservation Standards for Minimum Stocking.
The following resource conservation standards constitute minimum acceptable stocking in the Northern Forest District after timber operations have been completed.
(a) Rock outcroppings, meadows, wet areas, or other areas not normally bearing commercial species shall not be considered as requiring stocking and are exempt from such provisions.
(b) An area on which timber operations have taken place shall be classified as acceptably stocked if either of the standards set forth in (1) or (2) below are met within five (5) years after completion of timber operations unless otherwise specified in the rules.
(1) An area contains an average point count of 300 per acre on Site I, II and III lands or 150 on Site IV and V lands, to be computed as follows:
(A) Each countable tree [Ref. PRC s 4528(b)] which is not more than 4 inches d.b.h. counts 1 point.
(B) Each countable tree over 4 inches and not more than 12 inches d.b.h. counts 3 points.
(C) Each countable tree over 12 inches d.b.h. counts 6 points.
(D) Sprouts over 1 foot in height will be counted, counting one sprout for each 6 inches or part thereof of stump diameter to a maximum of 4 per stump.
(2) The average residual basal area, measured in stems 1 inch or larger in diameter is at least 85 square feet per acre on Site I lands, and 50 square feet per acre on lands of Site II classification or lower. Site classification shall be determined by the RPF who prepared the plan.
(3) To the extent basal area standards are specified in the rules in excess of 14 CCR s 932.7(b)(2), up to 15 square feet of basal area of those standards higher than the minimum may be met by counting snags, and decadent or deformed trees of value to wildlife in the following sizes:
(A) 30 inches or greater dbh and 50 feet or greater in height on site I and II lands;
(B) 24 inches or greater dbh and 30 feet or greater in height on site III lands; and
(C) 20 inches or greater dbh and 20 feet or greater in height on site IV and V lands.
(c) The substitution provided for in 14 CCR s 932.7(b)(3) may only be done when the potential spread of insects and diseases will not have a significantly adverse impact on long term productivity or forest health.
(d) The resource conservation standards of the rules may be met with Group A and/or B commercial species. The percentage of the stocking requirements met with Group A species shall be no less than the percentage of the stand basal area they comprised before harvesting. The site occupancy provided by Group A species shall not be reduced relative to Group B species. When considering site occupancy, the Director shall consider the potential long term effects of relative site occupancy of Group A species versus Group B species as a result of harvest. if Group A species will likely recapture the site after harvest, Group B species do not need to be reduced. The time frames for recapturing the site shall be consistent with achieving MSP. The Director may prohibit the use of Group A and/or B commercial species which are non-indigenous or are not physiologically suited to the area involved. Exceptions may be approved by the Director if the THP provides the following information and those exceptions are agreed to by the timberland owner:
(1) Explain and justify with clear and convincing evidence how using Group A nonindigenous, or Group B species to meet the resource conservation standards will meet the intent of the Forest Practice Act as described in PRC s 4513. The discussion shall include:
(A) the management objectives of the post-harvest stand;
(B) a description of the current stand, including species composition and current stocking levels within the area of Group B species. The percentage can be measured by using point-count, basal area, stocked plot, or other method agreed to by the Director.
(C) the percentage of the post-harvest stocking to be met with Group B species. Post harvest percentages will be determined on the basis of stocked plots. Only the methods provided by 14 CCR ss 1070-1075 shall be used in determining if the standards of PRC s 4561 have been met.
(D) a description of what will constitute a countable tree, as defined by PRC s 4528 for a Group B species and how such a tree will meet the management objectives of the post-harvest stand.
The Director, after an initial inspection pursuant to PRC s 4604 shall approve use of Group B species, as exceptions to the pre-harvest basal area percentage standard, if in his judgement the intent of the Act will be met, and there will not be an immediate significant and long-term harm to the natural resources of the state.

Note: Authority cited: Sections 4551, 4553 and 4561.1, Public Resources Code. Reference: Sections 4561 and 4561.1, Public Resources Code.






s 932.9. Cumulative Impacts Assessment Checklist.
STATE OF CALIFORNIA BOARD OF FORESTRY CUMULATIVE IMPACTS ASSESSMENT

(1) Do the assessment area(s) of resources that may be affected by the proposed project contain any past, present, or reasonably foreseeable probable future projects?
Yes____ No____
If the answer is yes, identify the project(s) and affected resource subject(s).
(2) Are there any continuing, significant adverse impacts from past land use activities that may add to the impacts of the proposed project?
Yes____ No____
If the answer is yes, identify the activities, describing their location, impacts and affected resource subject(s).
(3) Will the proposed project, as presented, in combination with past, present, and reasonably foreseeable probable future projects identified in items (1) and (2) above, have a reasonable potential to cause or add to significant cumulative impacts in any of the following resource subjects?
No reasonably
potential
Yes after No after significant
mitigation (a) mitigation (b) effects (c)
1. Watershed ______ ______ ______
2. Soil Productivity ______ ______ ______
3. Biological ______ ______ ______
4. Recreation ______ ______ ______
5. Visual ______ ______ ______
6. Traffic ______ ______ ______
7. Other ______ ______ ______

a) Yes, means that potential significant adverse cumulative impacts are left after application of the forest practice rules and mitigations or alternatives proposed by the plan submitter.
b) No after mitigation means that any potential for the proposed timber operation to cause or add to significant adverse cumulative impacts by itself or in combination with other projects has been reduced to insignificance or avoided by mitigation measures or alternatives proposed in the THP and application of the forest practice rules.
c) No reasonably potential significant cumulative effects means that the operations proposed under the THP do not have a reasonable potential to join with the impacts of any other project to cause, add to, or constitute significant adverse cumulative impacts.
(4) If column (a) is checked in (3) above describe why the expected impacts cannot be feasibly mitigated or avoided and what mitigation measures or alternatives were considered to reach this determination. If column (b) is checked in (3) above describe what mitigation measures have been selected which will substantially reduce or avoid reasonably potential significant cumulative impacts except for those mitigation measures or alternatives mandated by application of the rules of the Board of Forestry.
(5) Provide a brief description of the assessment area used for each resource subject.
(6) List and briefly describe the individuals, organizations, and records consulted in the assessment of cumulative impacts for each resource subject. Records of the information used in the assessment shall be provided to the Director upon request.
BOARD OF FORESTRY TECHNICAL RULE ADDENDUM NO. 2 CUMULATIVE IMPACTS ASSESSMENT

Introduction
The purpose of this addendum is to guide the assessment of cumulative impacts as required in 14 CCR 898 and 1034 that may occur as a result of proposed timber operations. This assessment shall include evaluation of both on-site and off-site interactions of proposed project activities with the impacts of past and reasonably foreseeable future projects.
In conducting an assessment, the RPF must distinguish between on-site impacts that are mitigated by application of the Forest Practice Rules and the interactions of proposed activities (which may not be significant when considered alone) with impacts of past and reasonably foreseeable future projects.
Resource subjects to be considered in the assessment of cumulative impacts are described in the Appendix.
The RPF preparing a THP shall conduct an assessment based on information that is reasonably available before submission of the THP. RPFs are expected to submit sufficient information to support their findings if significant issues are raised during the Department's review of the THP.
Information used in the assessment of cumulative impacts may be supplemented during the THP review period. Agencies participating in plan review may provide input into the cumulative impacts assessment based upon their area of expertise. Agencies should support their recommendations with documentation.
The Department, as lead agency, shall make the final determination regarding assessment sufficiency and the presence or absence of significant cumulative impacts. This determination shall be based on a review of all sources of information provided and developed during review of the Timber Harvesting Plan.
Identification of Resource Areas
The RPF shall establish and briefly describe the geographic assessment area within or surrounding the plan for each resource subject to be assessed and shall briefly explain the rationale for establishing the resource area. This shall be a narrative description and shall be shown on a map where a map adds clarity to the assessment.
Identification of Information Sources
The RPF shall list and briefly describe the individuals, organizations, and records used as sources of information in the assessment of cumulative impacts, including references for listed records and the names, affiliations, addresses, and phone numbers of specific individuals contacted. Records of information used in the assessment shall be provided to the Director upon request.
Common sources of information for cumulative effects assessment are identified below. Sources to be used will depend upon the complexity of individual situations and the amount of information available from other plans. Sources not listed below may have to be consulted based on individual circumstances. Not all sources of information need to be consulted for every THP.
1. Consultation with Experts and Organizations:
(a) County Planning Department; (b) Biologists;
(c) Geologists; (d) Soil Scientists;
(e) Hydrologists; (f) Federal Agencies;
(g) State Agencies; (h) Public and private utilities.

2. Records Examined:
(a) Soil Maps; (b) Geology Maps;
(c) Aerial Photographs; (d) Natural Diversity Data Base;
(e) THP Records; (f) Special Environmental Reports;
(g) Basin Plans; (h) Fire History Maps;
(i) Relevant Federal
Agency Documents
or Plans

As provided in Section 898 of the rules, the RPF or supervised designee and the plan submitter must consult information sources that are reasonably available.
Past and Future Activities
Past and future projects included in the cumulative impacts assessment shall be described as follows:
A. Identify and briefly describe the location of past and reasonably foreseeable probable future projects as defined in 14 CCR s 895.1 within described resource assessment areas. Include a map or maps and associated legend(s) clearly depicting the following information:
1. Township and Range numbers and Section lines.
2. Boundary of the planning watershed(s) within which the plan area is located along with the CALWATER 2.2 identification number.
3. Location and boundaries of past, present and reasonably foreseeable probable future timber harvesting projects on land owned or controlled by the timberland owner of the proposed timber harvest within the planning watershed(s) depicted in section (2) above. For purposes of this section, past projects shall be limited to those projects submitted within ten years prior to submission of the THP.
4. Silvicultural methods for each of the timber harvesting projects depicted in section (3) above. Each specific silvicultural method must be clearly delineated on the map(s), and associated THP number referenced in the legend or an annotated list. In addition, shading, hatching, or labeling shall be used which clearly differentiates silvicultural methods into one of the four categories outlined in Table 1.
5. A north arrow and scale bar (or scale text).
6. Source(s) of geographical information.
The map scale shall be large enough to clearly represent one planning watershed per page or of a scale not less than 1:63,360. Planning watersheds with densely situated or overlapping harvest units, or those which are large or irregular in size, may require multiple maps to achieve clarity. Map(s) shall be reproducible on black & white copiers, and submitted on an 8 1/2 x 11 page(s).
Table 1

Silvicultural
Category Silvicultural Method
Evenaged Clearcutting, Seed Tree Seed Step, Seed Tree
Management Removal Step, Shelterwood Preparatory Step,
Step
Unevenaged Selection, Group Selection, Transition
Management
Intermediate Commercial Thinning, Sanitation-Salvage
Treatments
Special Special Treatment Area Prescriptions,
Prescriptions and Rehabilitation of Understocked Area
Other Management Prescription, Fuelbreak/Defensible Space,
Method (14 CCR s 913.8), Variable Retention,
Conversion

Alternative Prescriptions shall be put into the category within which the most nearly appropriate or feasible silvicultural method in the Forest Practice Rules is found pursuant to 14 CCR s 933.6(b)(3).
B. Identify and give the location and description of any known, continuing significant environmental problems caused by past projects as defined in 14 CCR s 895.1. The RPF who prepares the plan or supervised designee shall obtain information from plan submitters (timberland or timber owner), and from appropriate agencies, landowners, and individuals about past, and future land management activities and shall consider past experience, if any, in the assessment area related to past impacts and the impacts of the proposed operations, rates of recovery, and land uses. A poll of adjacent land owners is encouraged and may be required by the Director to determine such activities and significant adverse environmental problems on adjacent ownerships.






Appendix
Technical Rule Addendum #2

In evaluating cumulative impacts, the RPF shall consider the factors set forth herein.
A. Watershed Resources
Cumulative Watershed Effects (CWEs) occur within and near bodies of water or significant wet areas, where individual impacts are combined to produce an effect that is greater than any of the individualimpacts acting alone. Factors to consider in the evaluation of cumulative watershed impacts are listed below. (continued)